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Saying no to no-knocks

Saying no to no-knocks

Municipal law enforcement should explicitly ban no-knock search warrants

Allegheny County Council should blow the dust off a proposal raised a year ago: enactment of county legislation that would ban no-knock search warrants by county law enforcement agencies.

What’s more, municipal leaders throughout Allegheny County and beyond should prepare similar ordinances that would apply to local police departments.

Pittsburgh City Council’s ban on no-knock warrants took effect in June following overwhelming approval by voters of a primary election referendum on the matter.

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No-knock warrants are one of the most dangerous law enforcement tactics — dangerous to the public and police alike.

No-knocks entail officer storming a home without physically knocking on a door and announcing themselves before service of a legal warrant. Notorious stories abound of such tactics going awry — a surprised building occupant confronting police as intruders and, boom, a gun is fired either by the homeowner or the police or both. The Castle Doctrine is a defense for a Pennsylvania resident who uses force against a home intruder. It is easy to envision that a homeowner who becomes aware of someone entering his house without notice could reasonably — and legally, at least arguably — attack that home invader. Thus, a homeowner awakened by a surprise police raid could unwittingly find himself in a shootout.

There is some debate about the apparent redundancy of local ordinances banning no-knocks. The state Rules of Criminal Procedure specify that officers must announce themselves. But, local laws give municipal authorities the opportunity to set clear expectations in terms of spelling out particulars: a waiting period for police officers before entering the premises following officers’ declaration of their presence and intent to enter; a requirement that officers be wearing activated body cameras during the service of warrants; and a rule that officers be uniformed at the time of service. (Each of the aforementioned are good ideas.)

Some will contend that no-knock warrants give law enforcement an important element of surprise in nabbing the bad guy and the evidence needed to convict him.

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But the strategic edge a no-knock warrant gives to authorities is not worth the price that may be paid: unintended death or injury to a home’s inhabitants or to police. And that’s saying nothing of the infringement on the civil rights of a homeowner who is presumed innocent until he is proven guilty.

The Allegheny County Council Committee of Public Safety met recently to discuss again the no-knock ban being put on the county’s law books. It would apply to county police and sheriff deputies. Passage should proceed.

A ban on no-knock warrants is nothing short of a safety measure for the entire community because, in truth, the no-knock tactic is nothing short of reckless. Police put their lives on the line every day. It’s part of the job. But their lives and their safety — and the lives and the safety of citizens — are worth more than securing evidence or making an arrest. There are other alternatives and better ways to get it done.

Local laws that underscore this thinking make sense and constitute safety for all.

First Published: July 11, 2021, 9:30 a.m.

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